West Virginia Democrat. [volume] (Charles Town, W. Va.) 1885-1890, 1887-03-04

full of doubt and trouble. For ex-
ample: Suppose the Governor
makes an appointment to-day and
then there is called session (say)
in May, and suppose the Legislature
is in session on the second Tuesday
after its meeting-must it take a
ballot for Senator? Will a vacancy
then exist? The Constitution says:
''Thc Executive may make Temporal
ry appointments until the NEXT
MEETING of the Legislature, which
shall then fill such vacancies" 1t
was the expectation of the Consti-
tuition that the first Legislature latter
a vacancy, should fill it.
But it is said that the meaning of
the Constitution is that, the APP
pointee should hold until a Legisla-
ture meets which has the right and
the opportunity to fill the vacancy.
1t seems to us, that the Constitu-
ton presumes that a Legislature, if
in session, does have an opportunity
to elect Senator, and, if it refuses
to utilize its opportunity, then the
State pays the penalty of being un-
represented.
On the other hand it is very obvi-
Gus that the Constitution does not
contemplate that State should be
unrepresented. 1t is argued with
great force that the power to electis
given to the Legislature, but if the
Legislature does not act then, rather
than vacancy should continue, the
Governor may appoint. But it
seems very plain to US that the Con-
stitution does not expect an appoint
ment to extend beyond the. next
meeting of the Legislature. The
Constitution does not expect that a
meeting of the Legislature will &C.
cur at which it will be powerless to
choose Senator when a vacancy
exists. During the debate in the
Bell case Senator Edmunds, speak
ing to this very point, said:
/ agree that the letter of the Con
stitution is such, that after the Gov
ernor has once appointed and the
Legislature has again met his power
is exhausted because the same va
cancy cannot happen twice. My
point is, that failing to do their
duty within the Constitution as it
stands the Governor had right to
fill up the vacancy until the Legis
lature should again meet.
But it is said that the proclama-
tion of the Governor, calling the Leg
islature, may be so worded that the
Legislature, at the called session,
will notthave jurisdiction to elect
Senator. The provision of the West
Virginia Constitution, Cart. 7, Sec.
~ is:
! The Governor may, on extraordi-
nary occasions, convene, at his own
instance, the Legislature; but when
SO convened it shall enter upon no
business, except that stated in the
proclamation by which it was called
together.
Again: 1t is also provided Cart.
6, Sec. 49,:
The Governor may convene the
Legislature by proclamation when
ever, in his opinion, the public safe
ty or welfare shall require it.
1t is now said, that if the procla-
nation Of the Governor restricts the
Legislature to the Appropriation
Bill, to a Railroad Commission bill,
and to such other measures as are
specified in his proclamation, then
the Legislature, at the called session,
will not have jurisdiction to elect
Senator. 1t seems to US, this view
is unsound and will notprevail. The
u. S. Constitution provides:
The times, places and manner Of
holding elections for Senators shall
be prescribed in each State by the
Legislature thereof; but Congress
may make or alter such regulations
except as to the place of choosing
Senators.
1t is evident that Congress had
the power to prescribe the time and
manner Of holding elections for Sen
ators by a Legislature. Under this
grant of power Congress, in 1866,
provided:
l. The Legislature which is chos-
en- next preceding the expiration Of
the time for which any Senator was
elected shall, on the second Tuesday
after the meeting and organization
thereof proceed to elect Senator.
9. Such election shall be conduct
ed as follows: Each House shall
name one person for Senator and the